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The Child Support Commissioners (Procedure) Regulations 1992
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- UK Statutory Instruments
- 1992 No. 2640
- PART II
- Regulation 2
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Application to the chairman of an appeal tribunal or to a Commissioner for leave to appeal to a Commissioner
2.—(1) An application for leave to appeal to a Commissioner from the decision of an appeal tribunal shall be made—
(a)in the case of an application to the chairman of an appeal tribunal, within the period of 3 months beginning with the date on which notice of the decision of the tribunal was given or sent to the applicant; or
(b)in the case of an application to a Commissioner, within the period of 42 days beginning with the date on which notice of the refusal of leave to appeal by the chairman of the appeal tribunal was given or sent to the applicant.
(2) Where in any case it is impracticable, or it would be likely to cause undue delay for an application for leave to appeal against a decision of an appeal tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other person qualified under paragraph 3 of Schedule 3 to the Act to act as a chairman of appeal tribunals.
(3) Subject to paragraph (4), an application may be made to a Commissioner for leave to appeal against a decision of an appeal tribunal only where the applicant has been refused leave to appeal by the chairman of the appeal tribunal.
(4) Where there has been a failure to apply to the chairman of the tribunal, either within the time specified in paragraph (1)(a) or at all, an application for leave to appeal may be made to a Commissioner who may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.
(5) A Commissioner may accept and proceed to consider and determine an application for leave to appeal under paragraph (3) notwithstanding that the period specified for making the application has expired if for special reasons he thinks fit.
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